224 - Prohibitions.

§ 224. Prohibitions.  1. a. No individual, association, partnership or  corporation  not  holding university, college or other degree conferring  powers by special charter from the legislature of this state or from the  regents, shall confer any degree or use, advertise or transact  business  under  the name university or college, or any name, title or descriptive  material  indicating  or  tending  to  imply   that   said   individual,  association,  partnership  or  corporation conducts, carries on, or is a  school of  law,  medicine,  dentistry,  pharmacy,  veterinary  medicine,  nursing,  optometry,  podiatry,  architecture or engineering, unless the  right to do so shall have been granted by the regents in  writing  under  their seal.    b.  Notwithstanding  any  other  provision  of law to the contrary, no  individual,  association,  partnership  or  corporation   operating   an  institution  on  a for-profit basis and holding degree-conferring powers  granted by the regents pursuant to this  subdivision  shall,  through  a  change  of  ownership  or  control,  convey,  assign  or  transfer  such  degree-conferring authority without the  consent  of  the  regents.  For  purposes  of  this  subdivision,  a change of ownership or control shall  include, but shall not be limited to, merger or consolidation  with  any  corporation;  sale,  lease,  exchange  or  other  disposition  of all or  substantially all of the assets of the institution; and the transfer  of  a controlling interest of the stock of a corporation.    2.  No  person  shall  buy,  sell or fraudulently or illegally make or  alter, give, issue or obtain or attempt to obtain  by  fraudulent  means  any  diploma,  certificate  or other instrument purporting to confer any  literary, scientific, professional or other degree, or to constitute any  license, or a duplicate thereof, or any certificate of registration,  or  to  certify to the completion in whole or in part of any course of study  in any university, college, academy or other educational institution.    3.  No  person,  firm,  association  or  corporation  shall  offer  or  otherwise  advertise  a  college degree in the state of New York without  the prior written approval of the department,  in  accordance  with  the  regulations  of  the  commissioner  of education, unless the institution  offering or advertising such a degree is  accredited  by  at  least  one  accrediting  commission  recognized by the United States commissioner of  education as a reliable authority for the purpose  of  accreditation  at  the post secondary level or unless the program leading to such degree is  registered  with the department of education of the state of New York. A  violation of this subdivision is a violation punishable by a fine not to  exceed five hundred dollars.  Any newspaper or other advertising  medium  which  carries said advertisement shall be exempt from the provisions of  this subdivision.    3-a. Notwithstanding the  provisions  of  subdivision  three  of  this  section,  the  commissioner  of  education,  boards of education, school  authorities, or authorized school officers  shall  not  be  required  to  accept   for  purposes  of  certification,  recertification,  licensure,  appointment, promotional increment, or salary differential for pedagogic  personnel, any diploma, degree  or  course  credit  from  a  university,  college,  academy,  school  or  other  institution  of  learning located  outside the state of New York if such diploma, degree or  course  credit  was  granted  without  the  requirement  of  on-campus attendance and if  instruction and testing was transacted primarily by correspondence.    Any person  making  application  for  certification,  recertification,  licensure, appointment, promotional increment or salary differential may  be  required  by  the  commissioner,  or  by boards of education, school  authorities or authorized school officers to submit a  signed  statement  or affidavit as part of such application to identify any diploma, degree  or  course  credit  which was granted by a university, college, academy,school or other institution of learning located outside the state of New  York if such diploma, degree or course credit was  granted  without  the  requirement  of  on-campus attendance and if instruction and testing was  transacted   primarily   by   correspondence.  A  willful  and  wrongful  misrepresentation on  such  application  shall  constitute  grounds  for  disciplinary  action  in accordance with the provisions of this chapter,  the rules of the regents, the regulations of the  commissioner,  or  the  by-laws, rules or regulations of such school authorities.    The  provisions  of  this  subdivision shall not apply to any diploma,  degree or course credit completed before  the  effective  date  of  this  subdivision.    4.  No  diploma or degree shall be conferred in this state except by a  regularly organized institution of learning meeting all requirements  of  law and of the university, nor shall any person, with intent to deceive,  falsely   represent   himself  to  have  received  any  such  degree  or  credential, nor shall any person append to his name any letters  in  the  same  form  registered  by  the  regents  as  entitled to the protection  accorded to university degrees, unless he shall  have  received  from  a  duly  authorized  institution  the  degree  or certificate for which the  letters are registered. Counterfeiting or falsely or  without  authority  making  or  altering  in  a  material respect any such credential issued  under seal shall be a felony; any other violation of this section  shall  be  a  misdemeanor;  and  any  person  who  aids  or  abets  another, or  advertises or offers himself to violate the provisions of this  section,  shall be liable to the same penalties.